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49 C.F.R. §§ 299.337–299.349

7 sections in range

§299.337. Automated vehicle-based inspection systems.

49 C.F.R. § 299.337

(a)
A qualifying Track Geometry Measurement System (TGMS) and a qualifying Track Acceleration Measurement System (TAMS) shall be operated over the route at the following frequency:
(1)
For track Class H3, at least twice per calendar year with not less than 120 days between inspections; and
(2)
For track Classes H4, H5, H6, and H7, at least twice within any 60-day period with not less than 12 days between inspections.
(b)
The qualifying TGMS shall meet or exceed minimum design requirements which specify that—
(1)
Track geometry measurements shall be taken no more than 1 meter (3.3 feet) away from the contact point of wheels carrying a vertical load of no less than 4,500 kg (10,000 lb) per wheel;
(2)
Track geometry measurements shall be taken and recorded on a distance-based sampling interval not exceeding 0.60 m (2 feet), preferably 0.30 m (1 foot);
(3)
Calibration procedures and parameters are assigned to the system which assures that measured and recorded values accurately represent track conditions. Track geometry measurements recorded by the system shall not differ on repeated runs at the same site at the same speed more than 3 mm ( 1/8 inch); and
(4)
The TGMS shall be capable of measuring and processing the necessary track geometry parameters to determine compliance with §§ 299.311 and 299.315.
(c)
A qualifying TAMS shall be on a vehicle having dynamic response characteristics that are representative of other vehicles assigned to the service and shall—
(1)
Be operated at the revenue speed profile in accordance with § 299.309;
(2)
Be capable of measuring and processing carbody acceleration parameters to determine compliance with Carbody Acceleration Limits per § 299.313; and
(3)
Monitor lateral and vertical accelerations of the carbody. The accelerometers shall be attached to the carbody on or under the floor of the vehicle, as near the center of a bogie as practicable.
(d)
The qualifying TGMS and TAMS shall be capable of producing, within 24 hours of the inspection, output reports that—
(1)
Provide a continuous plot, on a constant-distance axis, of all measured track geometry and carbody acceleration parameters required in paragraph (b) and (c) of this section;
(2)
Provide an exception report containing a systematic listing of all track geometry and all acceleration conditions which constitute an exception to the class of track over the segment surveyed.
(e)
The output reports required under paragraph (d) of this section shall contain sufficient location identification information which enables field personnel to easily locate indicated exceptions.
(f)
Following a track inspection performed by a qualifying TGMS or TAMS, the railroad shall, institute remedial action for all exceptions to the class of track in accordance with the railroad's inspection, testing, and maintenance program.
(g)
The railroad shall maintain for a period of one year following an inspection performed by a qualifying TGMS and TAMS, a copy of the plot and the exception report for the track segment involved, and additional records which—
(1)
Specify the date the inspection was made and the track segment involved; and,
(2)
Specify the location, remedial action taken, and the date thereof, for all listed exceptions to the class.
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

Source

Source: 85 FR 69731, Nov. 3, 2020, unless otherwise noted.

§299.339. Daily sweeper inspection.

49 C.F.R. § 299.339

A sweeper vehicle shall be operated each morning after the overnight maintenance over all tracks except track Class H2 in stations, prior to commencing revenue service over that track. The sweeper vehicle shall operate at a speed no greater than 120 km/h (75 mph) to conduct a visual inspection to ensure the right-of-way is clear of obstacles within the clearance envelope and to identify conditions that could cause accidents, and shall have a minimum clearance of no less than 35 mm above top of rail.
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

Source

Source: 85 FR 69731, Nov. 3, 2020, unless otherwise noted.

§299.341. Inspection of rail in service.

49 C.F.R. § 299.341

(a)
Prior to revenue service the railroad shall submit written procedures for the inspection of rails in accordance with the inspection, testing, and maintenance program.
(b)
On track Classes H4 to H7, and H2 within stations, a continuous search for internal defects shall be made of all rail within 180 days after initiation of revenue service and, thereafter, at least annually, with not less than 240 days between inspections.
(c)
Each defective rail shall be marked with a highly visible marking on both sides of the rail.
(d)
Inspection equipment shall be capable of detecting defects between joint bars and within the area enclosed by joint bars.
(e)
If the person assigned to operate the rail defect detection equipment being used determines that, due to rail surface conditions, a valid search for internal defects could not be made over a particular length of track, the test on that particular length of track cannot be considered as a search for internal defects under this section.
(f)
When the railroad learns, through inspection or otherwise, that a rail in that track contains any of the defects in accordance with § 299.321, a qualified individual designated under § 299.353 or § 299.355 shall determine whether or not the track may continue in use. If the qualified individual so designated determines that the track may continue in use, operation over the defective rail is not permitted until—
(1)
The rail is replaced; or
(2)
The remedial action as prescribed in § 299.321 has been taken.
(g)
The person assigned to operate the rail defect detection equipment must be a qualified operator as defined in this subpart and have demonstrated proficiency in the rail flaw detection process for each type of equipment the operator is assigned.
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

Source

Source: 85 FR 69731, Nov. 3, 2020, unless otherwise noted.

§299.343. Initial inspection of new rail and welds.

49 C.F.R. § 299.343

(a)
The railroad shall provide for the initial inspection of newly manufactured rail, and for initial inspection of new welds made in either new or used rail. The railroad may demonstrate compliance with this section by providing for—
(1)
Mill inspection. A continuous inspection at the rail manufacturer's mill shall constitute compliance with the requirement for initial inspection of new rail, provided that the inspection equipment meets the applicable requirements as specified under the railroad's inspection, testing, and maintenance program and § 299.321. The railroad shall obtain a copy of the manufacturer's report of inspection and retain it as a record until the rail receives its first scheduled inspection under § 299.341;
(2)
Welding plant inspection. A continuous inspection at a welding plant, if conducted in accordance with the provisions of paragraph (a)(1) of this section, and accompanied by a plant operator's report of inspection which is retained as a record by the railroad, shall constitute compliance with the requirements for initial inspection of new rail and plant welds, or of new plant welds made in used rail; and
(3)
Inspection of field welds. Initial inspection of new field welds, either those joining the ends of CWR strings or those made for isolated repairs, shall be conducted before the start of revenue service in accordance with the railroad's inspection, testing, and maintenance program. The initial inspection may be conducted by means of portable test equipment. The railroad shall retain a record of such inspections until the welds receive their first scheduled inspection under § 299.341.
(b)
Each defective rail found during inspections conducted under paragraph (a)(3) of this section shall be marked with highly visible markings on both sides of the rail and the appropriate remedial action as set forth in § 299.341 will apply.
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

Source

Source: 85 FR 69731, Nov. 3, 2020, unless otherwise noted.

§299.345. Visual inspections; right of way.

49 C.F.R. § 299.345

(a)
General. All track shall be visually inspected in accordance with the schedule prescribed in paragraph (c) of this section by an individual qualified under this subpart. The visual inspection shall be conducted in accordance with the requirements set forth in the inspection, testing, and maintenance program under subpart G of this part.
(b)
Inspection types and frequency—
(1)
Safe walkway inspection. Except for track located inside trainset maintenance facilities and MOW yards and the associated portions of the right-of-way, the right-of-way and all track shall be inspected from the safe walkway during daytime hours, in accordance with the following conditions:
(i)
Ballasted track shall be inspected at least once every two weeks, with a minimum of six calendar days in between inspections.
(ii)
Non-ballasted track shall be inspected at least once every four weeks, with a minimum of twelve calendar days in between inspections.
(iii)
No two consecutive visual inspections from the safe walkway shall be performed from the same safe walkway. Safe walkway inspections shall alternate between safe walkways on each side of the right-of-way.
(iv)
In stations, the safe walkway inspection may be performed from either the safe walkway or the station platform.
(v)
An additional on-track visual inspection conducted during maintenance hours under paragraph (b)(2) of this section performed in place of a visual inspection from the safe walkway under paragraph (b)(1) of this section will satisfy the visual inspection requirement of paragraph (b)(1) of this section. However, a safe walkway visual inspection performed under paragraph (b)(1) of this section cannot replace an on-track visual inspection conducted during maintenance hours under paragraph (b)(2) of this section.
(vi)
Except for paragraph (b)(1)(v) of this section, inspections performed under paragraph (b)(1) of this section shall not occur during the same week as inspections performed under paragraph (b)(2) of this section.
(vii)
In the event a safe walkway visual inspection is not possible on a given day due to extreme weather, the inspection may be conducted from the cab of a trainset or as an on-track visual inspection on that day in accordance with the inspection, testing, and maintenance program.
(2)
On-track inspections; other than trainset maintenance facilities and MOW yards. Except for track located inside trainset maintenance facilities and MOW yards and the associated portions of the right-of-way, on-track visual inspections, conducted on foot during maintenance hours, shall be performed on all track in accordance with the following conditions:
(i)
Ballasted track shall be inspected at least once every two weeks, with a minimum of six calendar days in between inspections.
(ii)
Non-ballasted track shall be inspected at least once every four weeks, with a minimum of twelve calendar days in between inspections.
(iii)
Turn-outs and track crossings on ballasted track shall be inspected at least once a week, with a minimum of three calendar days in between inspections.
(iv)
Turn-outs and track crossings on non-ballasted track shall be inspected at least once every two weeks, with a minimum of six calendar days in between inspections.
(3)
On-track inspections; trainset maintenance facilities and MOW yards. For track located inside trainset maintenance facilities and MOW yards and the associated portions of the right-of-way, including turn-outs and track crossings, on-track visual inspections, conducted on foot, shall be performed on all track in accordance with the following conditions:
(i)
Ballasted track shall be inspected at least once during any 60-day period, with a minimum of twelve calendar days in between inspections.
(ii)
Non-ballasted track shall be inspected at least once within any 120-day period, with a minimum of twenty-four calendar days in between inspections.
(iii)
On-track safety shall be established in accordance with 49 CFR part 214 of this chapter, except for 49 CFR 214.339.
(4)
Visual inspections from trainset cab. Visual inspections from trainset cab shall be performed for the right-of-way and track for track Class H3 and above, except for track leading to a trainset maintenance facility, at least twice weekly with a minimum of two calendar days between inspections.
(c)
If a deviation from the requirements of this subpart is found during the visual inspection, remedial action shall be initiated immediately in accordance with the railroad's inspection, testing, and maintenance program required under subpart G of this part.
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

Source

Source: 85 FR 69731, Nov. 3, 2020, unless otherwise noted.

§299.347. Special inspections.

49 C.F.R. § 299.347

(a)
In the event of fire, flood, severe storm, temperature extremes, or other occurrence which might have damaged track structure, a special inspection shall be made of the track and right-of-way involved as soon as possible after the occurrence, prior to the operation of any trainset over that track.
(b)
Should a trainset be between stations when an event such as those described in paragraph (a) of this section occurs, that trainset may proceed to the next forward station at restricted speed, in accordance with the railroad's operating rules and inspection, testing, and maintenance program.
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

Source

Source: 85 FR 69731, Nov. 3, 2020, unless otherwise noted.

§299.349. Inspection records.

49 C.F.R. § 299.349

(a)
The railroad shall keep a record of each inspection required to be performed on that track under this subpart.
(b)
Except as provided in paragraph (f) of this section, each record of an inspection under §§ 299.325 and 299.345 shall be prepared on the day the inspection is made and signed by the person making the inspection.
(c)
Records shall specify the track inspected, date of inspection, location, and nature of any deviation from the requirements of this part, name of qualified individual who made the inspection, and the remedial action, if any, taken by the person making the inspection.
(d)
Rail inspection records shall specify the date of inspection, the location and nature of any internal defects found, name of qualified individual who made the inspection, the remedial action taken and the date thereof, and the location of any intervals of track not tested pursuant to § 299.341 of this part. The railroad shall retain a rail inspection record for at least two years after the inspection and for one year after remedial action is taken.
(e)
The railroad shall make inspection records required by this section available for inspection and copying by the FRA.
(f)
For purposes of compliance with the requirements of this section, the railroad may maintain and transfer records through electronic transmission, storage, and retrieval provided that—
(1)
The electronic system is compliant with the requirements of § 299.11;
(2)
The electronic storage of each record shall be initiated by the person making the inspection within 24 hours following the completion of that inspection; and
(3)
Track inspection records shall be kept available to persons who performed the inspection and to persons performing subsequent inspections.
(g)
Each track/vehicle performance record required under § 299.337 shall be made available for inspection and copying by the FRA.
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

Source

Source: 85 FR 69731, Nov. 3, 2020, unless otherwise noted.